Theft of company funds — whether by a director, an employee, a business partner or a third party — requires an immediate and precisely structured legal response. The longer the delay, the greater the risk that funds are moved beyond reach or evidence is destroyed. EAGLEGATE advises businesses, shareholders and directors on urgent legal action to investigate suspected theft, preserve assets, recover funds and hold those responsible to account.

Civil proceedings and criminal referral are not mutually exclusive. Civil claims can be commenced and pursued while regulatory referral to ASIC, the AFP or AUSTRAC proceeds in parallel. EAGLEGATE advises on both paths and manages the interaction between them.

Every hour of delay is an hour the other side has to move funds further out of reach.

Key Theft of Company Funds Expertise — Investigate, Preserve, Recover

EAGLEGATE acts across every aspect of a company funds theft response.

Director and Officer Misappropriation

Directors and officers owe statutory duties under the Corporations Act 2001 (Cth) not to improperly use their position (section 182) or company information (section 183). Where a director has made unauthorised payments — to themselves, associated entities, or related parties — these duties are engaged and civil proceedings for breach may result in personal liability for the loss caused.

Employee Theft and Payroll Fraud

Employees with access to financial systems, procurement processes or client accounts may divert funds to personal accounts, manufacture fictitious suppliers or manipulate payroll. Digital forensic investigation of financial systems typically identifies the mechanism and scale of the conduct. EAGLEGATE co-ordinates with forensic accountants and IT specialists where the investigation requires it.

Urgent Freezing Orders — Before Funds Are Moved

A freezing order restraining identified bank accounts can be obtained urgently — without notice — to prevent funds from being transferred before legal proceedings are commenced. This is frequently the most critical first step. EAGLEGATE applies for freezing orders at short notice in circumstances where dissipation risk is immediate.

Search Orders — Before Evidence Is Destroyed

Where financial records, devices, or communications may be destroyed once the suspected person becomes aware of legal action, a search order can authorise immediate access to premises to secure that evidence. EAGLEGATE prepares and presents search order applications alongside freezing order applications where both forms of relief are warranted.

Civil Proceedings and Tracing Remedies

Civil claims arising from theft of company funds include claims for breach of director duties, breach of fiduciary duty, unjust enrichment, and proprietary claims over specific funds. Where money has passed through multiple accounts, tracing remedies allow the company to follow the funds and assert claims over whatever those funds have become.

Criminal Referral and Regulatory Engagement

Serious theft may warrant referral to the Australian Federal Police or Queensland Police Service. ASIC may be notified where director or officer conduct is involved. AUSTRAC is relevant where suspicious financial transactions are identified. EAGLEGATE advises on when and how to engage each regulatory body, and manages the interaction with civil proceedings.

1. Stabilise and Assess

We assess the scope of the suspected theft, the evidence available, and the urgency of the steps required to prevent further loss. We advise on removing the suspected person’s access to company financial systems immediately — without alerting them to the intended legal action.

2. Preserve

We apply urgently for freezing orders, search orders, and asset disclosure orders to preserve assets, secure evidence, and protect the ability to enforce a judgment.

3. Pursue

We conduct civil proceedings to recover the stolen funds — through negotiated resolution where the respondent is prepared to engage, or through contested litigation where necessary.

4. Refer

Where the conduct warrants criminal or regulatory referral, we assist with referrals to the AFP, ASIC or AUSTRAC and manage the interaction with civil proceedings.